By Ogochukwu Isioma
Festus Edogun, an aspirant of the Peoples Democratic Party (PDP) for the August 16, 2025, National Assembly by-election for Edo Central Senatorial District, has approached the Federal High Court in Benin City, seeking the nullification of the July 21, 2025 primary election conducted in the state over alleged irregularities.
The other defendants in the suit filed by Omorodion Ehigiator, Esq., on behalf of Edogun, is Prince Joseph Okojie, candidate of the PDP for the now-disputed senatorial by-election; the PDP, and the Independent National Electoral Commission (INEC).
It will be recalled that a similar litigation was instituted by leaders of the PDP in Edo State during the 2023 general election that took the party up to the Supreme Court.
At the end of the day, the PDP lost all the National Assembly seats, but one.
With the current litigation, coming at the verge of scheduled National Assembly by-elections in Edo Central Senatorial District and the Ovia Federal Constituency, voters and supporters of the party would no doubts be at crossroads as none would be sure who the court would pronounce as the party’s candidate at the end of the day.
By the originating summon endorsed by Edogun’s lead counsel, K.O. Obamogie, SAN, the plaintiff wants the court to determine “Whether having due regard to the combined effect of the provisions of section 65(1)(a) & 2(a) & (b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and paragraphs 1, 2(a), (b) & (c) of the 2d Defendant’s Electoral Guidelines For Primary Elections, 2022, the 20d Defendant was not manifestly wrong in disqualifying the Plaintiff from participating in the 2nd Defendant’s primary election held on 21st July, 2025 for selecting 2nd defendant’s candidate for the Edo Central Senatorial District Bye-Election scheduled for the 16th August, 2025.”
Edogun is also asking the court to decide “Whether the disqualification or non-clearance of the Plaintiff for the primary election held on the 21st of July, 2025 is not violative of section65(1)(a) & 2(a) & (b) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and paragraphs 1, 2(a), (b) & (c) of the 2nd Defendant’s Electoral Guidelines For Primary Elections, 2022, thereby nullifying the 2nd Defendant’s primary election conducted on the 21st of July, 2025.
Upon the determination of the questions in his favour, Edogun is praying the court to declare that “the disqualification or non-clearance of the Plaintiff to participate in the 2nd Defendant’s primary election held in Edo Central Senatorial District on the 21st of July, 2025 to select the 2nd Defendant’s candidate for the Edo Central Senatorial Bye-Election scheduled for the 16th of August, 2025 is unconstitutional, wrongful, null and void and of no effect whatsoever.”
The plaintiff is equally seeking the court to hold that, “the 2nd Defendant’s Appeal Committee’s failure and/or refusal to hear the Plaintiff’s appeal in compliance with the mandatory provisions of 2nd Defendant’s guidelines is unconstitutional and violative of Plaintiff’s right to fair hearing guaranteed by Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.”
In addition, the plaintiff is praying the court for a declaration that “the Edo Central Senatorial District Bye-Election held on the 21st of July, 2025 to select the 2nd Defendant’s candidate for the Edo Central Senatorial District Bye-Election scheduled for the 16th of August, 2025 is unconstitutional, invalid, null and void and of no effect whatsoever by reason of the unlawful disqualification of the Plaintiff from the election.”
Edogun wants the court to “set aside the 2nd Defendant’s aforesaid primary election held in Edo Central Senatorial District on 21st July, 2025.”
He is also praying for “an order of perpetual injunction restraining the 3rd Defendant from according recognition to the 1st Defendant as the 2nd Defendant’s candidate for the aforesaid Edo Central Senatorial District Election scheduled for 16th August, 2025.”
No date has been fixed for hearing on the case.
Meanwhile, in his supporting affidavit, the Plaintiff said, in furtherance of his desire to contest the Edo Central Senatorial District By-Election scheduled for the 16th of August, 2025, he purchased the 2nd Defendant’s Expression of Interest Form and Nomination Form from the National Secretariat of the 2nd Defendant at Abuja. Edogun said he duly filled the above forms and returned same to the National Secretariat of the 2nd Defendant, which accepted the completed forms.
According to Edogun, on 15th July, 2025 himself and three other aspirants were screened by the 2nd Defendant’s Screening Committee for the said By-Election. The Plaintiff added that, surprisingly, he was on 18th July, 2025 disqualified from participating in the aforesaid primary election vide a Provisional Clearance Certificate No. 002 dated 17th July, 2025 which was delivered to him on 18th July, 2025. According to him, no reason was given for this development.
By his letter dated 19th July, 2025 the Plaintiff said he protested against his aforesaid disqualification/non-clearance by the 2nd Defendant’s Screening Committee. According to him, when the 2nd Defendant’s Appeal Committee failed and/or refused to hear his appeal, he was constrained to brief his Counsel to write to the National Chairman of the 2nd Defendant asking for a re-consideration of his case. Plaintiff’s Counsel complied with Plaintiff’s instructions and wrote letter dated 22nd July, 2025 which he said was duly delivered to the 2nd Defendant by DHL Courier Service.
“Meanwhile, without hearing Plaintiff’s appeal, 2nd Defendant proceeded to conduct its primary election at Ubiaja on the 21st of July, 2025 and purportedly returned the 1st Defendant as 2nd Defendant’s candidate for the Edo Central Senatorial District Election scheduled for the 16th of August, 2025,” the document read.
Download a copy of the Originating Summons obtained exclusively by WWW.METROWATCHXTRA.COM below;
